The Revival of Ray VI

While stating that the ‘genesis’ of the creamy layer principle is to be found in State of Kerala v. N.M. Thomas, (1976) 2 SCC 310 Hon’ble Justice R.F. Nariman quoted a few words of Hon’ble Justice Krishna Iyer [Jarnail Singh v. Lachhmi Narain Gupta, (SLP Civil No. 30621 of 2011)]. Of course, Ray CJ had the Lead Judgment in N.M. Thomas – described as ‘lucid’ by Hon’ble Justice S.M. Fazal Ali.

Hon’ble Justice S.M. Fazal Ali was the first to come to SC from Jammu and Kashmir High Court. He was only 54. Although he was a Muslim, he was not chosen by Ray for that reason. Hon’ble Justice M.H. Beg was already on board. Justice Fazal Ali died, before retirement, when 64.

Hon’ble Justice Krishna Iyer, N.M. Thomas: “I write a separate opinion substantially concurring with that of the Learned Chief Justice.